Attwater & Franklin

In the matter of *Attwater & Franklin*, Foster J of the Federal Circuit and Family Court of Australia considered parenting orders concerning two children. The applicant father, Mr Attwater, had not engaged with the proceedings since December 2019 and failed to appear at the final hearing. The respondent mother, Ms Franklin, sought final parenting orders, with the Independent Children’s Lawyer, Mr Ng, also participating.

The court was required to determine whether it was appropriate to proceed with the parenting proceedings on an undefended basis, given the father's absence and lack of engagement. It also had to consider the applicable principles under the *Family Law Act 1975* (Cth) to make final parenting orders, particularly in light of the father's history of violence and abuse towards the mother and the children, and the children's lack of relationship with him.

Foster J reasoned that the father's prolonged absence and failure to engage with the court since December 2019, coupled with the longstanding nature of the proceedings (over six years) and the father's lack of contact with the children since 2010, justified proceeding on an undefended basis. The court applied the best interests of the children as the paramount consideration, referencing the additional considerations under section 60CC(3) of the *Family Law Act 1975*. The evidence presented detailed a history of significant violence and abuse by the father towards the mother and the children, including physical abuse of the children and pets, and instances of the father taking the children without explanation. The court found that any contact or relationship with the father presented an unacceptable risk to the children and would not be in their best interests.

Consequently, the court made orders discharging all previous parenting orders. The mother was granted sole parental responsibility for the children, and the children were ordered to live with her, with no time to be spent with the father. The father was restrained by injunction from contacting the mother and children, and from approaching their residences or places of care, under section 68B of the *Family Law Act 1975*. The father's initiating application was struck out and dismissed.